UC-NRLF 


$B    EB    abli 


8061  12  -Ntfr  -m 


AN  ACT 


OF  THE 


LEGISLATURE  OF  ALABAMA 

CREATING  A 

COMMISSION  FORM 

OF 

GOVERNMENT 


UNDER  WHICH  THE 


CITY  OF  MONTGOMERY 


IS  NOW  ORGANIZED 


IN  EFFECT  APRIL  10,  1911 


MOMTQUMBRT,    AI.A. 
THB    HROWN    PRTNTIMU    CO.,    PKINTERH    AND    BTNDKRS 


AN  ACT 


OF  THE 


LEGISLATURE  OF  ALABAMA 

CREATING  A 

COMMISSION  FORM 

OF 

GOVERNMENT 


UNDER  WHICH  THE 


CITY  OF  MONTGOMERY 


IS  NOW  ORGANIZED 


IN  EFFECT  APRIL  10,  1911 


\      r.      *^*      "  II  C  ,  •     C     »■,    o     ""    "    »    •" 


MONTOOMKRY,   AI.A. 

THB    BROWN    PRIITTINO    CO.>    PRINTERS    AND    BINDBRS 

1911 


GENERAL    LAWS    OF   ALABAMA.    1911. 

No.  254.)  AN  ACT  (H.  323. 

To  provide  and  create  a  commission  form  of  mu- 
nicipal government  and  to  establish 
same  in  all  cities  of  Alabama  which  now 
have,  or  which  may  hereafter  have,  a  popu- 
lation of  as  much  as  tw^enty-five  thousand 
and  less  than  fifty  thousand  people  accord- 
ing to  the  last  federal  census,  or  any  such 
census  which  may  hereafter  be  taken;  to 
regulate  the  selection  and  election  of  com- 
missioners and  their  terms  of  office  and  re- 
call from  office;  to  ^x  their  powers,  duties 
and  compensation;  to  punish  improper  con- 
duct in  connection  with  elections  and  peti- 
tions hereunder;  to  abolish  police  commis- 
sioners, aldermen,  and  certain  other  city  of- 
ficials; and  otherwise  provide  for  the  crea- 
tion and  maintenance  of  said  commission 
form  of  government.  Be  it  enacted  by  the 
Legislature  of  Alabama: 

Section  1.  All  cities  of  the  State  of  Alabama 
which  have  a  population  of  as  many  as  twenty- (^j^..^^  ^^sl^ 
five  thousand  and  less  than  fifty  thousand  peo-  sification  of. 
pie,  according  to  the  last  federal  census,  or  which 
shall  hereafter  have  such  population  according; 
to  any  census  that  may  be  taken  hereafter,  shall 
become  organized  under  the  commission  form  of 
government  according  to  the  terms  of  this  act 
and  shall  be  known  as  cities  of  class  "C." 

Sec.  2.     In  all  cities  of  the  State  of  Alabama  Q^jmuissjon. 
Avhich  have  such  population  according  to  the  last  ers,  appoint- 
federal  census,  the  governor  is  authorized  andP^^^*  ^°^ 
required  to  appoint  from  and  after  the  approval 
of  this  act  four  persons  to  hold  office  as  com- 
missioners of  said  city,  who  shall  hold  office  un- 
til the  first  Monday  in  October,  1915,  and  until 
their  successors  shall  be  elected  and  shall  qual- 
ify as  hereinafter  provided.    The  term  of  office  of 
each  member  of  the  board,  including  the  presi- 
dent of  commissioners,  after  the  expiration  of 
the  term  herein  provided  for  shall  be  four  years, 


298617 


GENERAL  LAWS  OF  ALABAMA,    1911. 


When  effect- 
ive. 


Name  of. 


Powers  of. 


and  until  their  successors  shall  be  elected  and 
shall  qualify  as  hereinafter  provided.  The  may- 
or or  chief  executive  of  every  such  city  at  the 
time  this  act  shall  be  approved  shall  be  and  be- 
come as  soon  as  the  other  commissioners  take 
office  as  provided  herein  the  president  of  the 
board  of  commissioners  of  such  city  and  shall 
hold  office  until  the  first  Monday  in  October, 
1915. 

Sec.  3.  The  provisions  of  this  act  shall  apply 
to  and  become  operative  in  all  cities  not  now  hav- 
ing but  which  shall  hereafter  have  a  population 
of  as  many  as  twenty-five  thousand  people,  ac- 
cording to  any  federal  census  that  may  be  taken 
hereafter,  and  elections  may  be  called  and  such 
cities  may  become  organized  under  this  act  in 
the  same  manner  as  cities  having  the  required 
population  at  the  time  of  the  passage  of  this 
act. 

Sec.  4.  The  president  and  the  commissioners 
provided  for  in  this  act  shall  be  known  collect- 
ively as  "The  Board  of  Commissioners  of  the 

city  of ''  (name  of  city  to  be  inserted)  and 

it  shall  have  the  power  and  duties  hereinafter 
provided.  The  first  commissioners  appointed 
under  the  provisions  of  this  act  shall  qualify  for 
office  in  the  manner  prescribed  by  this  act,  and 
shall  take  office  on  the  second  Monday  in  April, 
1911.  As  soon  as  they  have  qualified  for  office 
in  any  such  city,  then  such  city  shall  at  that 
time  and  thereby  be  and  become  organized  under 
the  commission  form  of  government  provided  by 
this  act,  and  said  commissioners  provided  for  by 
this  act  shall  forthwith  take  office  and  enter 
upon  their  duties. 

Sec.  5.  The  president  of  the  board  of  commis- 
sioners and  commissioners  of  such  city  to  be 
known  as  the  board  of  commissioners  of  said 
city,  as  provided,  shall  be  municipal  officers  only, 
and  shall  have,  and  possess  and  exercise  only  the 
municipal  powers,  legislative,  executive  and  ju- 
dicial, possessed  and  exercised  by  the  mayor  and 
board  of  aldermen,  and  board  of  police  commis- 


GENERAL    LAWS   OF   ALABAMA,    1911. 

sioners,  and  any  and  all  other  boards,  commis- 
sions and  officers  of  such  city,  of  any  and  of  ev- 
ery sort  whatsoever,  except  the  powers  conferred 
on  the  county  board  of  health,  in  so  far  as  they 
apply  to  said  city,  by  State  law,  or  by  existing 
ordinances  enacted  by  said  city  except  whatso- 
ever power  they  may  possess  expressly  or  im- 
pliedly as  State  officers;  and  all  such  boards, 
commissions,  and  officers  except  those  provided 
for  by  this  act  shall  then  and  there  be  abolished, 
and  the  terms  of  office  of  any  and  all  such  officers 
or  officials  shall  then  and  thereby  cease.  Said 
board  of  commissioners  shall  not  have,  possess,  or 
exercise  any  legislative,  executive,  judicial  or  ad- 
ministrative powers  of  the  State  or  county,  nor 
shall  the  offices  held  by  them  be  State  offices; 
such  city  shall  continue  its  existence  as  a  body 
corporate  under  the  name  of  "City  of "  (in- 
serting the  name  of  said  city).  It  shall  continue 
to  be  subject  to  all  the  duties  and  obligations 
then  pertaining  to  or  incumbent  upon  it  as  a 
municipal  corporation  not  inconsistent  with  the 
provisions  of  this  act,  and  shall  continue  to  en- 
joy all  the  rights,  immunities,  powers,  privileges 
and  franchises  then  enjoyed  by  it,  as  well  as 
those  that  may  thereafter  be  granted  to  it,  not  in- 
consistent with  the  provisions  of  this  act.  All 
laws  governing  such  city  and  not  inconsistent 
with  the  provisions  of  this  act  shall  apply  to  and 
govern  said  city  after  it  shall  become  organized 
under  the  commission  form  of  government  pro- 
vided by  this  act.  All  laws,  ordinances  and  res- 
olutions lawfully  passed  and  in  force  in  any  such 
city  under  its  former  orga^nizations  not  incon- 
sistent with  the  provisions  of  this  act  shall  re- 
main in  force  until  altered  or  repealed,  accord- 
ing to  the  provisions  of  this  act.  The  territorial 
limits  of  such  city  shall  remain  the  same  as  un- 
der its  former  organization,  and  all  rights  and 
property  of  every  description  w^hich  vested  in  it 
shall  vest  in  it  under  the  organization  herein 
provided  for  as  though  there  had  been  no  change 
in  the  organization  of  said  city;  and  no  right  or 


GENERAL  LAWS   OF   ALABAMA.    1911. 


Board  of  ed- 
ucation. 


Powers  and 
duties  of. 


liability  either  in  favor  of  it  or  against  it  and 
no  suit  or  prosecution  of  any  kind,  shall  be  af- 
fected by  such  change,  unless  otherwise  express- 
ly provided  for  by  the  terms  of  this  act.  All  em- 
ployees of  said  city,  and  all  officials  except  those 
whose  terms  of  office  are  abolished  by  this  act 
shall  continue  in  office  until  otherwise  provided 
by  said  board  of  commissioners  of  said  city,  pro- 
vided that  this  withdrawal  or  transfer  of  powers 
shall  not  apply  to  the  powers  conferred  on  the 
county  board  of  health  in  so  far  as  they  apply  to 
said  city,  by  State  law,  or  by  existing  city  ordi- 
nances, nor  shall  they  apply  to  the  appointment 
of  health  officers  for  a  city,  nor  to  persons  em- 
ployed by  such  health  officer  to  enforce  quaran- 
tine under  ordinances  in  force  in  the  city. 

Sec.  5Vi>.  In  cities  having  a  population  of 
tA^enty-five  thousand  and  less  than  fifty  thou- 
sand, the  management  and  control  of  the  public 
schools  therein  shall  be  vested  in  a  board  of  ed- 
ucation, which  shall  be  composed  of  five  mem- 
bers Avho  shall  serve  without  compensation,  and 
shall  be  qualified  electors  and  residents  of 
the  respective  cities  and  who  shall  not 
be  members  of  the  board  of  commissioners.  At 
the  first  regular  meeting  of  the  board  of  commis- 
sioners after  organization,  or  as  soon  thereafter 
as  may  be  practicable,  at  any  regular  meeting, 
the  board  of  commissioners  shall  elect  the  mem- 
bers of  the  board  of  education,  whose  term  of  of- 
fice respectively  shall  be  one,  two,  three,  four  and 
five  years.  Annually  thereafter  at  the  first  regu- 
lar meeting  in  April  or  as  soon  thereafter  as  may 
be  practicable,  at  a  regular  meeting,  the  board 
of  commissioners  shall  elect  a  member,  whose 
term  of  office  shall  be  five  years,  to  succeed  the 
member  of  the  board  of  education  whose  term 
expires  that  year.  In  the  event  of  a  vacancy  in 
the  membership  of  the  board  of  education,  by 
resignation  or  otherwise,  the  fact  shall  be  re- 
ported to  the  board  of  commissioners  by  the 
board,  and  the  board  of  commissioners  shall 
elect  a  person  to  fill  such  a  vacancy  for  the  unex- 


GENERAL   LAWS   OF   ALABAMA,    1911. 

pired  term.  At  its  first  regular  meeting  in  May, 
after  the  election  of  said  board  of  education,  or 
as  soon  thereafter  as  practicable,  and  annually 
thereafter,  the  board  of  education  shall  elect 
from  its  membership  a  president  and  vice  presi- 
dent. It  shall  also  elect  a  clerk,  who  need  not 
be  a  member  of  the  board  of  education  and  may 
fix  his  compensation.  The  vice  president  shall 
perform  the  duties  of  the  president  only  when  the 
president  may  be  absent  or  unable  to  perform  his 
duties.  The  board  of  education  may  fill  any  va- 
cancy in  any  of  the  offices  mentioned  in  this  sec- 
tion. All  property,  real  and  personal  and  mixed, 
now  held  or  hereafter  acquired  for  school  pur- 
poses, shall  be  held  in  trust  for  the  use  of  the 
public  schools  of  the  city  or  town,  and  no  sale  or 
purchase  of  real  estate  shall  be  made  by  any  oth- 
er than  the  board  of  education  of  such  city  or 
town.  The  board  of  education  shall  have  full 
and  exclusive  power  within  the  limits  of  the  rev- 
enue appropriated  for  such  purpose,  or  accruing 
to  the  use  of  the  public  schools,  to  purchase  fix- 
tures, furniture,  apparatus,  libraries,  fuel  and 
supplies  for  the  use  of  the  schools,  and  to  sell  the 
same,  and  to  make  expenditures  for  the  mainte- 
nance and  repair  of  the  school  grounds,  build- 
ings, and  other  property,  to  purchase  sites  and  to 
establish  and  build  new  schools,  when  such  sites 
have  been  provided  by  the  board  of  education, 
and  to  superintend  the  erection  thereof,  to  make 
additions,  alterations  and  repairs,  to  the  build- 
ings and  property  devoted  to  school  uses  and  to 
make  necessary  and  proper  regulations,  con- 
tracts and  agreements  in  relation  to  such  mat- 
ters. All  such  contracts  shall  inure  to  the  ben- 
efit of  the  public  schools,  and  in  a  suit  at  law 
or  in  equity,  brought  upon  them  and  for  the  re- 
covery and  protection  of  money  and  property 
belonging  to  and  used  by  the  public  schools,  or 
for  damages,  shall  be  brought  by  and  in  the  name 
of  the  city.  Each  year  the  board  of  education 
shall  make  an  estimate,  in  detail  of  the  amount 
of  money  required  for  the  proper  support  and 


GENERAL  LAWS  OF   ALABAMA,    1911. 

maintenaDce  of  the  public  schools  during  the 
next  scholastic  3  ear,  which  shall  be  submitted  to 
the  board  of  commissioners,  and  the  board  of 
commissioners  shall  make  annual  appropriations 
for  the  support  and  maintenance  of  the  schools 
that  it  may  deem  necessary  and  proper  in  view 
of  all  other  needs  of  the  government  of  the  city 
and  of  the  expected  revenues  from  taxes  and 
otherwise.  Money  so  appropriated  and  all  money 
received  from  the  school  fund  of  the  State,  poll 
taxes  and  the  sale  of  school  property,  and  the 
sale  of  bonds  for  school  purposes  and  from  any 
other  source  whatever  for  school  purposes  shall 
be  held  by  the  treasurer  of  the  city  as  a  special 
fund  or  funds  for  school  purposes  and  it  shall  be 
paid  out  by  him  on  warrants  drawn  by  the  clerk 
of  the  board  and  countersigned  by  the  president 
or  vice  president,  when  acting  as  president  of 
the  board  of  education  and  by  the  clerk  of  the 
city,  and  not  otherwise.  And  no  warrant  shall 
be  drawn  unless  in  pursuance  of  a  resolution  of 
the  board  of  education  entered  upon  its  minutes. 
The  board  of  education  shall  have  full  control  of 
the  public  schools  of  the  city  or  town.  It  shall 
have  power  to  establish  schools  to  discontinue 
any  school,  to  consolidate  schools;  to  prescribe 
courses  of  study  and  books  to  be  used,  not  in 
conflict  with  the  general  law  in  reference  to  text 
books,  to  divide  the  city  into  school  divisions,  as 
circumstances  may  require,  to  employ  teachers 
and  a  superintendent  of  schools  and  necessary 
employees  and  to  fix  their  salaries  and  wages, 
to  establish  and  maintain  high  schools  and  pre- 
scribe rules  for  the  expulsion  of  pupils,  to  expel 
any  pupil  guilty  of  gross  disobedience  or  wilful 
misconduct,  to  dismiss  any  superintendent, 
teacher,  or  employee,  when  in  its  opinion  the  in- 
terests of  the  school  require  it  and  generally  to 
have  and  exercise  all  rights,  powers,  and  author- 
ity required  for  the  management  of  a  system  of 
public  schools.  To  designate  amount  to  be  paid 
by  non-residents  of  the  district  whether  owners 
of  property  or  not  who  desire  their  children  to 


GENERAL   LAWS   OF   ALABAMA,    1911. 

be  enrolled.  It  shall  be  the  duty  of  the  board  of 
education  to  examine,  or  cause  to  be  examined, 
all  persons  at  times  and  places  fixed  by  it,  offer- 
ing as  candidates  for  teachers'  places,  and  when 
found  qualified  to  give  them  certificates  of  qual- 
ification gratuitously,  to  grant  diplomas  without 
charge  to  graduates  of  the  high  school,  to  visit 
all  schools  as  often  as  once  a  month,  to  establish 
and  uniformly  enforce  proper  rules  and  regula- 
tions, to  inquire  into  the  performance  of  their  da- 
ties  by  the  teachers  and  superintendents,  and  in- 
to the  progress  of  the  pupils,  and  to  prepare  and 
submit  to  the  board  of  commissioners  an  annual 
report  showing  the  operation  of  the  schools  for 
the  past  scholastic  year,  and  suggesting  their 
needs  for  the  future.  It  shall  be  the  duty  of  the 
board  of  education  to  elect  a  superintendent  of 
schools,  fix  his  term  of  office  and  salary^  prescribe 
his  powers  and  duties.  The  superintendent  shall 
be  required  to  give  bond  for  the  faithful  perform- 
ance of  his  duties,  which  shall  be  payable  to  said 
city,  in  a  sum  to  be  fixed  by  the  board  not  less 
than  three  thousand  dollars  with  surety  or  sure- 
ties to  be  approved  by  the  president  of  the  board, 
the  bond  to  be  filed  with  the  clerk  of  the  city  or 
town.  The  superintendent  may  be  elected  clerk 
of  the  board  of  education,  and  if  so  elected  his 
bond  shall  stand  as  security  for  the  faithful  per- 
formance of  his  duties  as  clerk,  as  well  as  super- 
intendent, however  conditioned.  It  shall  be  the 
duty  of  the  clerk  of  the  board  of  education  to 
keep  full  and  correct  detail  account  of  all  money 
received  and  expended.  The  superintendent 
shall  attend  to  the  taking  of  the  school  census, 
which  shall  be  taken  in  the  month  of  April  of 
each  year,  and  it  shall  be  his  duty  to  make  com- 
plete and  accurate  reports  of  the  same  to  the  su- 
perintendent of  education  of  the  State.  Each  in- 
corporated city  or  town  as  a  special  district,  or 
embraced  therein,  shall  receive  its  proportionate 
share  of  the  public  school  revenue  to  be  paid 
over  by  the  State  superintendent  of  education 


10 


GENERAL  LAWS  OF   ALABAMA,   1911. 


Division   of 
powers    and 
duties  of 
commission- 
ers. 


Meetings  of. 


direct  to  the  city  superintendent  of  schools  and 
by  him  paid  over  to  the  city  treasurer. 

Sec.  6.  Every  city  organized  under  the  form 
of  government  provided  for  by  this  act  shall  be 
governed  and  managed  by  the  board  of  commis- 
sioners, provided  for  herein.  Each  and  every  of- 
ficer and  employee  of  said  city  except  health  offi- 
cer and  such  persons  as  may  be  employed  by  him 
to  enforce  quarantine,  other  than  the  said  presi- 
dent and  commissioners  shall  be  selected  and 
employed  by  the  said  board  under  its  direction 
and  all  salaries  and  wages  paid  by  said  city,  ex- 
cept as  otherwise  provided  by  the  terms  of  this 
act,  shall  b^  fixed  by  said  board.  The  commis- 
sioners shall  prescribe  and  may  at  any  time 
change  the  powers,  duties  and  titles  of  all  subor- 
dinate officers  and  employees  of  said  city,  except 
the  title  of  city  health  officer  all  of  whom  shall 
hold  office  and  be  removable  at  the  pleasure  of 
the  board  of  commissioners.  The  powers  and  du- 
ties in  such  cities  shall  be  distributed  into  and 
among  five  departments  as  follows :  ( 1 )  Depart- 
ment of  public  affairs.  (2)  Department  of  ac- 
counts and  finances.  (3)  Department  of  justice. 
(4)  Department  of  streets  and  parks.  (5)  De- 
partment of  public  property  and  public  improve- 
ments. The  powers  and  duties  pertaining  to 
each  of  said  departments  shall  be  fixed  by  the 
said  board  of  commissioners,  and  altered  from 
time  to  time  as  they  may  deem  best,  and  one  of 
the  members  of  said  board  shall  be  so  assigned 
to  take  charge  of  each  of  such  departments  and 
shall  as  head  of  such  department  exercise  the  du- 
ties and  powers  so  provided  by  said  board,  and 
said  assignment  may  be  changed  at  any  time  by 
a  majority  of  said  board. 

Sec.  7.  Said  board  of  commissioners  shall 
hold  regular  public  meetings  on  Tuesday  of  each 
and  every  week  at  some  regular  hour  to  be  fixed 
by  said  board  from  time  to  time  and  publicly 
announced  by  it;  and  it  may  hold  such  adjourn- 
ed, called  and  other  meetings  as  may  be  neces- 
sary or  convenient.    The  president  of  the  board, 


GENERAL   LAWS   OF   ALABAMA,    1911.  H 

when  present,  shall  preside  at  all  meetings  of 
said  board,  but  shall  have  no  veto  power.    Three 
members  of  said  board  shall  constitute  a  quorum  Quorum, 
for  the  transaction  of  any  and  every  business  to 
be  done  by  said  board  and  for  the  exercise  of  any 
and  every  power  conferred  upon  it ;  and  the  af- 
firmative vote  of  three  members  of  said  board 
shall  be  necessary  and  sufficient  for  the  passage 
of  any  resolution,  by-law  or  ordinance,  for  the 
transaction  of  any  business  of  any  sort  by  said 
board,  or  the  exercise  of  any  of  the  powers  con- 
ferred upon  it  by  the  terms  of  this  act,  or  that 
may  hereafter  be  conferred  upon  it.     This  pro- 
vision shall  not  be  construed,  however,  so  as  to 
prevent  the  said  board  from  delegating  or  assign- 
ing to  one  or  more  of  its  members,  or  to  such 
boards,   commissions,   officers   or   employees   as 
may  be  created  or  selected  by  it,  the  performance 
of  such  executive  and  judicial  duties  and  powers 
as  may  be  necessary  or  convenient,  provided  the 
same  is  done  by  resolution,  by-law  or  ordinance 
duly  enacted  according  to  the  terms  of  this  act. 
All  meetings  of  said  board  at  which  any  person 
not  a  city  officer  is  present  shall  be  open  to  the 
public.      Nto    resolution,    by-law    or    ordinance 
granting  any  franchise,  appropriating  any  mon- 
ey for  any  purpose,  providing  for  any  public  im- 
provements, enacting  any  regulations  concerning 
the  public  comfort,  the  public  safety  or  public 
health,  or  of  any  other  general  or  permanent  na- 
ture, shall  be  enacted  except  at  a  regular  or  ad- 
journed public  meeting  of  said  board,  provided 
that  a  meeting  of  the  board  of  commissioners  of 

the  city  of  may  be  called  at  any  time  to 

consider  an  act  upon  an  emergency  that  involves 
the  public  safety  or  public  health.  Every  mo- 
^ion,  resolution  or  ordinance  intx'oduced  at  an> 
and  every  such  meeting  shall  be  reduced  to  writ- 
ing and  read  before  any  vote  thereon  shall  be 
taken;  and  the  yeas  and  nays  thereon  shall  be 
recorded.  A  record  of  the  proceedings  of  every 
such  meeting  shall  be  kept  in  a  well  bound  book 
and  every  resolution  and  ordinance  passed  by 


12  GENERAL  LAWS  OF   ALABAMA,   1911. 

the  board  of  commissioners  must  be  recorded  in 
such  book,  and  a  record  of  the  proceedings  of  the 
meeting  be  signed  by  at  least  two  of  the  commis- 
sioners, before  the  action  taken  shall  be  effective. 
Such  record  shall  be  kept  available  for  inspec- 
tion by  all  citizens  of  such  city  at  all  reasonable 
times. 

Sec.  8.  No  resolution,  by-law  or  ordinance 
Ordinances  granting  to  any  person,  firm  or  corporation  any 
franchises,  etc.  franchise,  lease  or  right  to  use  the  streets,  pub- 
lic highways,  thoroughfares,  or  public  property 
of  any  city  organized  under  the  provisions  of 
this  act,  either  in,  under,  upon,  along,  through 
or  over  same,  shall  take  effect  and  be  in  force 
Publication  of.  ^ntil  thirty  days  after  the  final  enactment  of 
same  by  the  board  of  commissioners  and  publica- 
tion of  said  resolution,  by-law  or  ordinance  in 
full  once  a  week  for  three  consecutive  weeks  in 
some  daily  nevrspaper  published  in  said  city, 
which  publication  shall  be  made  at  the  expense 
of  the  persons,  firm  or  corporation  applying  for 
said  grant.  Pending  the  passage  of  any  such 
resolution,  by-law  or  ordinance,  or  during  the 
time  intervening  betw^een  the  final  passage  and 
the  expiration  of  the  thirty  days  during  which 
publication  shall  be  made  as  above  provided,  the 
legally  qualified  voters  of  said  city  may,  by  writ- 
ten petition  or  petitions  addressed  to  said  board 
of  commissioners,  object  to  such  grant,  and  if, 
during  said  period  such  written  petition  or  pe- 
titions signed  by  at  least  a  thousand  legally  qual- 
ified voters  of  such  city  shall  be  filed  with  said 
board  of  commissioners,  said  board  shall  forth- 
Avith  order  an  election,  at  which  election  the  le- 
gally qualified  voters  of  said  city  shall  vote  for 
or  against  the  proposed  grant  as  set  forth  in  the 
said  by-law,  resolution  or  ordinance.  In  the  call 
for  said  election,  the  said  resolution,  by-law  or 
ordinance  making  said  grant  shall  be  published 
in  said  city  by  one  publication.  If  at  such  elec- 
tion the  majority  of  the  votes  cast  shall  be  in 
favor  of  said  ordinance  and  the  making  of  the 
said  proposed  grant,  the  same  shall  thereupon 


GENERAL   LAWS   OF   ALABAMA,    1911.  13 

become  effective ;  But  if  a  majority  of  the  votes  so 
cast  shall  be  against  the  passage  of  the  said  reso- 
lution, by-law  or  ordinance  and  against  the  mak- 
ing of  said  grant,  the  said  by-law,  resolution  or  . 
ordinance  shall  not  become  effective,  nor  shall 
it  confer  any  rights,  powers  or  privileges  of  any 
kind,  and  it  shall  be  the  duty  of  the  said  board 
of  commissioners,  after  such  result  of  said  elec- 
tion shall  be  determined,  to  pass  a  resolution  or 
ordinance  to  that  effect.  No  grant  of  any  fran- 
chise or  lease  or  right  of  user,  or  any  other  right 
in,  under,  upon,  along,  through  or  over,  the 
streets,  public  highways,  thoroughfares,  or  pub- 
lic property  of  any  such  city  shall  be  made  or 
given  nor  shall  any  such  rights  of  any  kind  what- 
ever be  conferred  upon  any  person,  firm  or  cor- 
poration, except  by  resolution  or  ordinance  duly 
passed  by  the  board  of  commissioners  at  some 
regular  or  adjourned  public  meeting  and  publish- 
ed as  above  provided  for  in  this  section;  nor 
shall  any  extension  or  enlargement  of  any  such 
rights  or  powers  previously  granted  be  made  or 
given  except  in  the  manner  and  subject  to  all  the 
conditions  herein  provided  for  as  to  the  original 
grant  of  same.  It  is  expressly  provided,  how- 
over,  that  the  provisions  of  this  section  shall  not 
apply  to  the  grant  of  side  track  or  switching  priv- 
ileges to  any  railroad  or  street  car  company  for 
the  purpose  of  reaching  and  affording  railway 
connections  and  switch  privileges  to  the  owners 
or  users  of  any  industrial  plant,  store  or  ware- 
house; provided  further  that  said  side  track  or 
switch  shall  not  extend  for  a  greater  distance 
than  one  thousand  three  hundred  and  twenty 
(1,320)  feet.  All  franchises  or  privileges  here- 
tofore granted,  which  are  not  in  actual  use  or 
enjoyment  or  which  the  grantees  thereof  have  not 
in  good  faith  commenced  to  exercise  at  the  time 
of  the  adoption  of  this  act  are  hereby  declared 
forfeited  and  of  no  validity,  and  it  shall  be  the 
duty  of  the  commission  to  carry  out  the  provis- 
ions of  this  s^ection  by  the  enactment  of  ordi- 
nances repealing  said  franchises,  provided,  that 


14  GENERAL  LAWS  OF  ALABAMA,   1911. 

this  section  shall  not  apply  to  any  franchise  in 
which  the  ordinance  granting  the  same  shall  have 
fixed  a  time  within  which  work  shall  commence 
or  be  completed  thereunder  and  such  time  shall 
not  haA^e  expired  at  the  time  of  the  adoption  of 
this  act.  No  exclusive  franchise  shall  ever  be 
granted,  and  no  franchise  shall  ever  be  granted 
for  longer  term  than  thirty  years,  and  no  fran- 
chise shall  be  renewed  before  one  and  one-half 
years  of  its  expiration.  When  any  person  or 
corporation  holding  a  franchise  for  the  location, 
construction  or  operation  of  a  railroad  over  a 
portion  of  any  street,  and  said  franchise  has  not 
expired,  shall  subsequently  apply  for  a  franchise 
to  locate,  construct  or  operate  a  railroad  on  any 
portion  of  the  same  street  or  upon  any  other 
street  in  connection  therewith,  said  second  fran- 
chise shall  only  be  granted  for  the  unexpired 
term  of  first  franchise.  No  such  grant,  right, 
privilege  or  franchise  shall  ever  be  made  to  any 
person,  firm,  corporation  or  association  unless  it 
provides  for  adequate  compensation  or  consider- 
ation therefor  to  be  paid  to  such  city,  and,  in  ad- 
dition, to  any  other  form  of  compensation,  any 
such  grantee  shall  pay  annually  such  fixed 
charge  as  may  be  prescribed  in  the  franchise  or- 
dinance. Whenever  any  such  grant,  right, 
privilege  or  franchise  provides  for  the  pay- 
ment of  a  per  cent  of  the  gross  receipts, 
such  grantee  shall  make  and  report  to  the 
commission  all  its  gross  earnings  once  in 
six  months,  and  pay  into  the  treasury 
the  amounts  due  such  city  at  the  time  said 
report  is  made.  Said  commission  shall  also  have 
access  to  and  the  right  to  examine  all  books,  re- 
ceipts, files,  records,  and  documents  of  any  such 
grantees  to  verify  the  correctness  of  such  semi- 
annual statement  and  to  correct  the  same  if 
found  to  be  erroneous.  If  such  statement  of  earn- 
ings be  incorrect,  then  such  payment  shall  be 
made  upon  such  corrected  statement.  Every  or- 
dinance granting  any  franchise  may  provide  that 
at  the  expiration  of  the  period  for  which   the 


GENERAL   LAWS   OF   ALABAMA,    1911.  15 

franchise  was  granted,  or  at  any  time  before  as 
stated  in  the  ordinance,  the  city,  at  its  election 
and  upon  the  payment  of  a  fair  valuation  there- 
for, to  be  made  in  the  manner  provided  in  the 
ordinance  making  the  grant,  may  purchase  and 
take  over  to  itself  the  property  and  plant  of  the 
grantee  in  its  entirety,  but  in  no  case  shall  the 
value  of  the  franchise  of  the  grantee  be  consid- 
ered or  taken  into  account  in  fixing  such  valua- 
tion. Or  it  may  be  provided  in  the  ordinance 
granting  any  franchise  that  the  property  and 
plant  of  the  grantee  shall  at  the  expiration  of 
the  period  for  Avhich  the  franchise  was  granted, 
become  the  property  of  the  city,  Avithout  any 
compensation  to  the  grantee.  Every  ordinance 
granting  any  franchise  may  further  provide  that 
upon  the  payment  by  the  city  of  a  fair  valuation 
in  the  manner  provided  in  the  ordinance,  the 
plant  and  the  property  of  the  grantee  shall  be- 
come the  property  of  the  city  by  virtue  of  the 
grant  in  payment  thereunder,  and  without  the 
execution  of  any  instrument  or  conveyance.  Or 
in  case  it  is  provided  in  the  ordinance  granting 
any  franchise  that  the  property  and  plant  of  the 
grantee  shall,  at  the  expiration  of  the  period  for 
which  it  was  granted,  become  the  property  of  the 
city  without  any  compensation  to  the  grantee, 
the  property  and  plant  of  the  grantee  shall  then 
become  the  property  of  the  city  by  virtue  of  the 
grant  and  without  the  execution  of  any  instru- 
ment or  conveyance.  No  franchise  granted  by 
the  city  shall  ever  be  leased,  assigned  or  other- 
vrise  alienated  without  the  express  consent  of  the 
city,  and  no  dealing  Avith  the  lessee  or  assignee 
on  the  part  of  the  city  to  require  the  performance 
of  any  act  or  payment  of  any  compensation  b^ 
the  lessee  or  assignee,  shall  be  deemed  to  operate 
as  such  consent.  Where  the  municipalitv  is  the 
owner  of  and  operates  a  public  utility  plant,  no 
franchise  shall  be  granted  to  any  person  or  cor- 
poration to  operate  anv  competitive  plant  unless 
approved  first  by  a  vote  of  the  majority  of  the 
qualified   electors   of   such   municipality,    at  an 


16 


GENERAL  LAWS  OF  ALABAMA,   1911. 


Advertising, 
expense   of. 


Elections, 
when  held. 


Candidates, 
statement  of. 


election  held  in  accordance  with  the  provisions 
of  this  act. 

Sec.  SVi-  That  for  the  advancement  of  the  in- 
terest of  the  city  the  commissioners  may  make 
expenditures  for  the  advertisement  of  the  advan- 
tages of  tJie  locality  and  may  make  contributions 
together  with  its  commercial  organization  for 
that  purpose. 

Sec.  9.  In  every  city  which  shall  become  or- 
ganized according  to  the  provisions  of  this  act 
an  election  shall  be  held  at  the  time  designated 
in  this  act  for  the  initial  election  herein  provid- 
ed for  and  subsequently,  on  the  third  Monday  in 
September  after  the  expiration  of  four  years  af- 
ter it  shall  have  become  so  organized  and  on  the 
same  date  of  every  succeeding  fourth  year  for  the 
election  of  the  president  and  other  members  of 
the  board  of  commissioners  whose  terms  shall  ex- 
pire in  that  year;  the  president  and  commission- 
ers then  elected  shall  hold  office  for  a  term  of 
four  years  from  the  first  Monday  in  October  of 
said  year  until  their  successors  are  elected  and 
shall  qualify  for  office.  Any  person  desiring  to 
become  a  candidate  at  any  election,  except  those 
by  the  commission  which  may  be  held  according 
to  the  terms  of  this  act,  for  the  office  of  president 
of  the  board,  or  other  commissioner  to  be  elect- 
ed, may  become  such  candidate  by  filing  in  the 
office  of  the  judge  of  probate  of  the  county  in 
which  said  city  is  situated  a  statement  of  such 
candidacy  accompanied  by  affidavit  taken  and 
certified  by  said  judge  of  probate,  or  by  a  notary 
public,  that  such  person  is  duly  qualified  to  hold 
the  office  for  which  he  desired  to  become  a  candi- 
date. Such  statement  shall  be  filed  at  least 
twenty-one  days  before  the  day  set  for  such  elec- 
tion, and  shall  be  substantially  in  the  following 

form :    State  of  Alabama, county.    I, , 

the  undersigned  being  duly  sworn,  depose  and 

say  that  I  am  a  citizen  of  the  city  of in  said 

State  and  county  and  reside  at in  said  city. 

That  I  desire  to  become  a  candidate  for  the  office 
of in  the  said  citv  for  the  term  of vears 


GENERAL   LAWS   OF   ALABAMA.    1911.  17 

at  the  election  for  said  office  to  be  held  on  the 
day  of  ,  next;  that  I  am  duly  quali- 
fied to  hold  said  office  if  elected  thereto,  and  I 
hereby  request  that  my  name  be  printed  on  the 

official  ballot  of  said  election.     (Signed)  . 

Subscribed  and  sworn  to  before  me  by  said 


on  this day  of ,  19 — ,  and  filed  in  this 

office  for  record  on  said  day.  ,  judge  of 

probate,  or  notary  public  as  the  case  may  be. 
Said  statement  shall  be  accompanied  by  a  peti- 
tion signed  by  at  least  one  hundred  persons  who 
shall  be  qualified  to  vote  ^t  said  coming 
election,  requesting  that  such  person  become 
a  candidate  for  said  office  at  said  election. 
The  signers  to  said  petition  shall  set  forth 
their  names  in  full  and  their  residence 
addresses  and  said  petitions  shall  be 
substantially  like  the  following  form:  "We,  the  Petition, 
undersigned  dulv  qualified  electors  of  the  city 

of and  residing  at  the  places  set  opposite 

our  respective  names  do  hereby  request  that  the 

name  of bo  placed  on  the  official  ballot  as 

a  candidate  for  the  office  of ^  in  said  city  for 

the  term  of years  at  the  election  to  be  held 

in  this  city  on  the day  of next.     We 

further  state  that  we  know  said to  possess 

the  qualifications  necessary  for  said  office  and 
to  be  in  our  iudgment  a  fit  and  proper  person  to 
hold  said  office.     Witness  our  hands  on  this  the 

day  of .    ."    At  every  such  election 

all  ballots  to  be  used  by  the  voters  shall  be  print- 
ed and  prepared  bv  the  said  city  and  at  its  ex- 
peu^-e  and  shall  contain  the  names  of  all  candi- 
dates placed  in  alphabetical  order  directlv  under- 
neath the  words:  "For  president  of  the  board  of 
commissioners."     "For    associate    commissioner 

for  the  term  of  ,"  as  the  case  may  be.     No 

name  shall  appear  upon  the  ballot  as  a  candidate 
for  election  except  the  names  of  such  persons  as 
have  become  candiriatos  according  to  the  provis- 
ions as  above  set  forth,  and  no  ballot  shall  be 
used  at  any  such  election  except  the  official  bal- 
lot prepared  by  the  city. 


18 


GENERAL  LAWS  OF   ALABAMA,   1911. 


Votes. 


Second 
tion. 


elec- 


Candidates, 
qualifica- 
tions of. 


Commission- 
ers,  oath  of. 


Term  of  office. 


Sec.  10.  At  every  election  each  voter  shall 
vote  for  one  candidate  for  each  office  to  be  filled 
and  no  ballot  Kshall  be  counted  which  fails  to 
comply  with  this  requirement,  and  the  candidate 
receiving  the  highest  number  of  votes  for  such 
office  shall  be  elected  thereto,  provided  he  re- 
ceives a  majority  of  all  the  votes  cast  for  such 
office.  In  case  no  one  or  more  of  such  candidates 
shall  receive  a  majority  of  all  such  votes  cast  for 
the  office  for  which  he  is  a  candidate,  another 
election  shall  be  held  on  the  same  day  of  the  fol- 
lowing week  for  said  office,  at  which  not  more 
than  twice  the  number  of  candidates  for  the  sev- 
eral offices  to  be  filled  shall  be  voted  for  being 
those  who  received  the  highest  number  of  votes 
in  said  election.  The  candidate  receiving  the 
highest  number  of  votes  at  such  election  shall  be 
declared  elected. 

Sec.  11.  The  president  and  other  commission- 
ers provided  by  this  act  shall  be  elected  by  vote 
of  the  legally  qualified  voters,  nor  shall  any  per- 
son be  eligible  for  such  office  who  shall  not  be 
over  the  age  of  twenty-five  years  at  the  time  he 
shall  become  a  candidate  or  shall  not  be  duly 
qualified  to  vote  in  the  election  at  which  he  shall 
be  elected.  In  case  any  person  after  he  shall  have 
been  elected  and  duly  qualified  as  such  president 
of  the  board  or  other  commisioner  shall  be  declar- 
ed ineligible  to  hold  such  office,  a  successor  shall 
be  chosen  as  in  case  of  a  vacancy  caused  by 
death,  resignation  or  any  other  cause. 

Sec.  12.  Every  person  who  shall  be  elected  to 
the  office  of  president  of  the  board  or  other  com- 
missioner in  any  city  organized  according:  to  the 
provisions  of  this  act  shall  on  or  before  the  first 
Monday  of  the  month  preceding  his  election  qual- 
ify by  making  oath  that  he  is  eliirible  for  said 
office  and  will  execute  the  duties  of  the  same  ac- 
cording to  the  best  of  his  knowledge  and  ability. 
Said  oath  shall  be  administered  by  the  retiring 
mayor  or  president  of  the  board  of  commission- 
ers of  such  city  or  by  a  notary  public.  The 
term  of  office  of  every  such  president  of  the  board 


GENERAL    LAWS   OF   ALABAMA,    1911.  19 

of  commissioners  shall  begin  on  the  first  Mon- 
day of  October  succeeding  the  election  except  as 
may  be  otherwise  expressly  provided  by  this  act. 
Each  commissioner  shall  before  entering  upon 
the  duties  of  this  office,  give  a  good  and  sufficient  Bond, 
surety  bond,  which  may  be  executed  by  a  bond- 
ing company  authorized  to  do  business  in  Ala,- 
bama,  payable  to  and  for  the  use  and  benefit  of 
any  such  city,  in  the  sum  of  five  thousand  dol- 
lars conditioned  for  the  faithful  discharge  of  his 
duties,  and  that  he  will  save  such  city  harmless 
from  all  loss  caused  by  his  neglect  of  duty  or 
misfeasance  in  office  or  for  the  wilful  expendi- 
ture of  any  moneys  of  such  city  in  violation  of 
law  and  said  bond  before  being  accepted,  shall 
be  approved  by  the  probate  judge  in  and  for  the 
county  wherein  such  city  is  situated,  the  pre- 
miums on  said  bond  shall  be  paid  out  of  the  city 
treasury.  No  member  of  the  commission  shall 
hold  any  office  of  profit  or  trust  under  the  laws^ny  other  of- 
of  any  State  or  the  United  States,  or  hold  anyfice. 
county  or  other  city  office ;  nor  shall  the  commis- 
sion or  any  commissioner  ever  be  elected  or  ap- 
pointed to  any  office  created  by,  or  the  compen- 
sation of  which  was  increased  or  fixed  by  the 
commission,  while  he  was  a  member  thereof 
within  two  years  therefrom. 

Sec.  13.     The  qualified  voters  of  any  city  or- 
ganized according  to  the  terms  of  this  act  may  Petition  for 

at  anv  time  file  with  the  board  of  commissioners  ^'^^^^^^^jP,^  ^^ 

-•..         ,  ,  ,.  «.-,,  n  commission- 

of  such  city  at  any  regular  meeting  of  said  board  ers. 

a  petition  or  petitions  asking  for  the  resignation 
of  the  president  of  the  board  of  commissioners 
or  any  commissioner  of  said  city.    Such  petition 
shall  contain  a  general  statement  of  the  grounds 
upon  which  the  removal  of  said  official  is  request- 
ed and  each  siirner  shall  add  after  his  signature, 
cind  opposite  thereto  his  residence  address.     In 
case  such  petition  shall  be  signed  by  at  least  o^i^^g^rg^of^pe- 
thousand  voters  duly  qualified  to  vote  for  a  suc-tition. 
cessor  to  said  office,  and  said  officer  shall  not  on 
or  before  the  next  regular  meeting  of  said  board,  gf^eet  of. 
resign  from  office,  then  said  board  at  such  meet- 


20  GENERAL  LAWS  OF  ALABAMA.   1911. 

ing  shall  order  an  election  to  be  held  not  less 
than  thirty  days  nor  more  than  forty  days  from 
the  date  of  said  meeting,  at  which  election  a  suc- 
cessor to  such  officer  to  hold  office  for  his  unex- 
Eiection  of  pired  term  shall  be  voted  for.  At  such  election 
successor.  the  person  sought  to  be  removed  from  office  shall 

be  a  candidate  to  succeed  himself  and  his  name 
shall  be  placed  upon  the  official  ballot  without 
Notice  of  ^^^  affirmative  action  on  his  part.     Notice  of 

such  election  shall  be  given  by  publication  once 
a  week  for  three  successive  weeks  in  some  news- 
Term  of  sue-     pap^r  published  in  said  city.     The  person  who 
cessor.  shall  be  elected  to  such  office  shall  hold  same  for 

the  unexpired  term  thereof,  and  if  the  person 
so  elected  be  the  incumbent  whose  removal  has 
been  requested  then  he  shall  continue  in  office 
as  though  such  petition  had  not  been  filed  or  such 
election  held. 

Sec.  13%.  No  ordinance  passed  by  the  com- 
Ordinances,  mission,  except  when  otherAvise  required  by  the 
when  effective,  general  laws  of  the  State,  or  by  the  provisions  of 
this  act,  except  an  ordinance  for  the  immediate 
preservation  of  the  public  health  or  safety,  which 
contains  a  statement  of  its  urgency  and  is  passed 
by  a  unanimous  vote  of  the  commission  shall  go 
into  effect  before  ten  days  from  the  time  of  the 
final  passage;  and  if  during  said  ten  days  a  peti- 
tion signed  by  electors  of  the  city  equal  in  num- 
Referendum.  |>er  to  at  least  twentv-five  per  centum  of  the  en- 
tire vote  cast  at  the  last  general  municipal  elec- 
tion held  in  said  city  protesting  against  the  pas- 
sage of  such  ordinance,  be  presented  to  the  com- 
mission, the  same  shall  thereupon  be  suspended 
from  going  into  operation,  and  it  shall  be  the 
duty  of  the  commission  to  reconsider  such  ordi- 
nace;  and  if  the  same  is  not  entirely  repealed, 
the  commission  shall  submit  the  ordinance  to  the 
vote  of  the  electors  of  the  city,  either  at  the 
general  election  or  at  a  special  municipal  elec- 
tion to  be  called  for  that  purpose;  and  such  or- 
dinance shall  not  go  into  effect  or  become  oper- 
ative unless  a  majority  of  the  qualified  electors 
voting  on  the  same  shall  vote  in  favor  thereof. 


GENERAL   LAWS    OF   ALABAMA,    1911.  21 

Said  petition  and  election  shall  be  in  all  respects 
in  accordance  with  the  provisions  of  section  13, 
except  as  to  the  per  centage  of  signers  and  be 
examined  and  certified  to  by  the  clerk  in  all  re- 
spects as  therein  provided.  Said  board  of  com- 
missioners shall  have  the  exclusive  right  to  reg- 
ulate or  permit  within  the  police  jurisdiction  of 
any  such  city  the  playing  of  any  game  or  amuse- 
ment on  Sunday,  and  any  law  in  conflict  with 
this  provision  in  so  far  as  same  relates  to  any 
city  of  this  class  is  hereby  repealed. 

Sec.  14.  Whenever  any  vacancies  shall  occur  ^^^^^^^,.^3 
in  the  office  of  the  president  of  the  board  or  oth-  How  filled. 
er  commissioner  of  any  city  organized  under  the 
terms  of  this  act,  then  his  successor  shall  be  ap- 
pointed by  the  governor.  Every  person  w^ho 
shall  be  appointed  to  the  office  of  president  of 
the  board  or  other  commissioner  of  such  city  un- 
der the  provisions  of  this  section  or  of  the  pre- 
ceding section,  shall  qualify  for  office  as  soon  as 
practicable  after  such  election  and  shall  be  cloth- 
ed with  the  duties  and  responsibilities  and  pow- 
ers of  such  office  immediately  upon  such  qualifi- 
cation. He  shall  hold  office  for  the  unexpired 
term  of  his  predecessor. 

Sec.  15.  The  president  of  the  board  of  com- 
missioners of  every  city  organized  under  the  []^^p^^^^^ 
terms  of  this  act  shall  receive  a  salary  of  four  migsioners. 
thousand  five  hundred  dollars  per  annum,  and  at 
that  rate  for  every  fraction  of  the  year  during 
which  he  shall  hold  office.  Said  salary  shall  be 
paid  in  monthly  installments  at  the  end  of  every 
calendar  month  during  which  he  shall  hold  of- 
fice, out  of  the  city  treasury  of  said  city;  said 
installments  to  be  in  payment  for  the  portion  of 
the  month  during  which  he  shall  have  held  office 
at  the  rate  thus  provided.  Each  of  the  other 
commissioners  of  every  such  city  shall  receive  a 
salary  of  three  thousand  dollars  per  annum,  and 
at  that  rate  for  every  fraction  of  a  year  during 
which  they  shall  hold  office.  They  shall  be  paid 
at  the  end  of  everv  calendar  month  as  provided 


22 


GENERAL  LAWS  OF   ALABAMA,   1911. 


Employees, 
election   of. 


Inducements  to 
obtain   po- 
litical sup- 
port prohib- 
ited. 


Statement  of 
expense  of 
election,  pub- 
lication of. 


Penalty. 


City  officers 
and  employees 
prohibited 
from   having 
interest  in 
contract   for 
work  for  city. 


for  the  payment  of  the  salary  of  the  president  of 
the  board  of  commissioners  of  such  city. 

Sec.  16.  The  employees  of  cities  organized  un- 
der this  act  shall  be  elected  by  the  commissioners 
solely  on  account  of  their  fitness  and  without  re- 
gard to  their  political  affiliations.  It  shall  be 
unlawful  to  hold  party  caucuses  or  primaries  for 
the  purpose  of  nominating  any  employee  to  be 
selected  by  such  commissioners,  and  any  person 
who  shall  solicit  or  accept  a  party  nomination  for 
any  office  to  be  filled  by  said  commission  shall  be 
thereby  rendered  ineligible  for  such  office  or  any 
other  office  under  said  city  for  a  period  of  one 
year  thereafter. 

Sec.  17.  It  shall  be  unlawful  for  any  candi- 
date for  office  or  any  officer  in  such  city,  directly 
or  indirectly  to  give  or  promise  any  person  or 
persons  any  office,  position,  employment,  benefit 
or  anything  of  value  for  the  purpose  of  influenc- 
ing or  obtaining  the  political  support,  aid  or  vote 
of  any  person  or  persons.  Every  commissioner 
elected  by  popular  vote  in  any  such  city  shall 
within  thirty  days  after  qualifying,  file  with  the 
judge  of  probate  of  the  county  and  the  same  shall 
be  published  at  least  once  in  a  newspaper  of 
general  circulation  in  such  city,  his  sworn  item- 
ized statement  of  all  his  election  and  campaign- 
ing expenses,  and  by  whom  such  funds  were  con- 
tributed. Any  violation  of  the  provisions  of  this 
section  shall  be  a  misdemeanor,  punishable  by  a 
fine  of  not  more  than  three  hundred  dollars,  and 
be  a  ground  for  removal  from  office. 

Sec.  18.  No  officer  or  employee  elected  or 
appointed  in  any  such  city  shall  be  interested,  di- 
rectly or  indirectly,  in  any  contract  for  work  or 
material,  for  the  profits  thereof  or  services  to  be 
furnished  or  performed  for  the  city;  and  no 
such  officer  or  employee  shall  be  interested  di- 
rectly or  indirectly,  in  any  contract  for  work  or 
materials,  or  the  profits  thereof,  or  services  to 
be  furnished  or  performed  for  any  person,  firm 
or  corporation  operating  interurban  railway, 
street  railway,  gas  works,  electric  light  or  power 


GENERAL    LAWS   OF   ALABAMA,    1911.  23 

plant,  heating  plant,  telegraph  line  or  telephone 
exchange  within  the  territorial  limits  of  said 
city.  No  such  commissioner  or  other  official  of 
such  city  shall  be  interested  in,  or  any  employee 
or  attorney  of  any  corporation  operating  any 
public  service  utility,  hereinabove  mentioned  and 
described  in  this  section  within  said  city.  No 
such  officer  or  employee  shall  accept  or  receive 
directly  or  indirectly,  from  any  person,  firm  or 
corporation  operating  within  the  territorial 
limits  of  said  city,  any  '  interurban  railway, 
railway,  street  railway,  gas  Avorks,  water 
works,  electric  light  or  power  plant,  heating 
plant,  telegraph  line  or  telephone  exchange,  or 
other  business  using,  or  operating  under  a  pub- 
lic franchise,  any  frank,  free  pass,  free  ticket, 
or  free  service,  or  accept  or  receive,  directly  or 
indirectly  from  any  such  person,  firm  or 
corporation,  any  gift  or  other  thing  of 
value  or  any  service  upon  terms  more  favorable 
than  are  granted  to  the  public  generally.  Any 
violation  of  the  provisions  of  this  section  shall 
be  a  misdemeanor,  and  upon  conviction  thereof, 
the  guilty  person  shall  be  punished  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  three 
hundred  dollars  and  may  be  imprisoned*  in  the 
county  jail  for  not  more  than  ninety  days.  Every 
such  contract  or  agreement  shall  be  void.  Such 
prohibition  of  free  transportation  shall  not  ap- 
ply to  policemen  or  firemen  in  uniform;  nor  to 
policemen  in  the  discharge  of  their  duty;  nor 
shall  any  free  service  to  city  officials  heretofore  Exception, 
provided  by  any  franchise  or  ordinance  be  affect- 
ed by  this  section.  Any  officer  or  employee  of 
such  city  who,  by  solicitation  or  otherwise,  shall 
exert  his  influence  directly  or  indirectly  to  in- 
fluence other  officers  or  employees  of  such  city 
to  favor  any  particular  person  or  candidate  for 
office  as  president  of  the  board  of  commissioners 
or  commissioner  of  said  city,  or  who  shall  in  any 
manner  contribute  money,  labor  or  other  valua- 
ble thing  to  aid  in  the  election  of  any  person  as 
president  of  the  board  of  commissioners  of  said 


24 


GENERAL  LAWS  OF  ALABAMA.   1911. 


sioned. 


Penalty.  ^ity,  shall  be  guilty  of  a  misdemeanor,  and  upon 

conviction  shall  be  punished  by  a  fine  of  not  ex- 
ceeding three  hundred  dollars,  and  may  also  be 
imprisoned  in  the  county  jail  for  a  term  not  ex- 
ceeding thirty  days. 

P  lie  men  and  ^^^'  "'^^  — *  "^^^^  ^^^  police  officers  and  police- 
firemen  pen-  u^en,  all  officers  of  the  fire  department,  and  fire- 
men in  any  city  organized  under  the  provisions 
of  this  act  who  shall  have  honorably  served  in 
and  been  a  member  of  the  police  and  fire  depart- 
ment of  any  such  city  or  of  the  municipal  organ- 
ization for  twenty  years  continuously  which  such 
city  has  immediately  succeeeded  and  who  shall 
have  attained  the  age  of  fifty  years  shall  upon 
his  application  in  writing  to  the  commission  of 
such  city,  be  relieved  and  retired  from  active 
service  in  said  police  department  or  fire  depart- 
ment upon  half  pay,  that  is  to  say,  such  police- 
man or  fireman  upon  being  so  retired,  shall  re- 
ceive and  be  paid  for  and  during  his  natural  life, 
an  amount  of  money  equal  to  one-half  the  sal- 
ary or  pay  which  such  policeman  or  fireman  was 
receiving  at  the  time  of  making  such  application, 
the  same  to  be  paid  monthly  out  of  any  funds 
that  may  be  in  the  treasury  of  such  city  not  oth- 
erwise appropriated,  provided,  that  the  amount 
to  be  paid  to  any  one  employee  hereunder  shall 
not  exceed  forty  dollars  per  month.  That  any 
officer  or  policeman  or  fireman  in  any  such  city 
who  shall  have  become  permanently  disabled  by 
reason  of  any  injury  received  while  in  the  ser- 
vice as  a  member  of  said  police  or  fire  depart- 
ment, shall  upon  his  application  in  writing  to 
the  board  of  commissioners,  be  relieved  and  re- 
tired from  active  service,  in  said  police  or  fire  de- 
partment upon  half  pay,  that  is  to  say,  such  fire- 
man or  policeman,  upon  being  so  retired  shall 
receive  each  month  an  amount  of  money  equal  to 
one-half  the  salary  or  pay  which  such  fireman  or 
policeman  was  receiving  at  the  time  of  receiving 
such  injury  while  in  the  discharge  of  his  duties 
as  an  officer,  the  same  to  be  paid  monthly  out  of 
any  funds  in  the  city  treasury.     The  board  of 


Amount    of 
pension. 


GENERAL    LAWS    OF   ALABAMA,    1911.  25 

commissioners  shall  determine  and  pass  upon 
whether  such  disability  complained  of  is  perma- 
nent or  not,  and  to  this  end  shall  receive  any  evi- 
dence in  testimony  offered  by  such  applicant, 
and  may  hear  and  consider  any  other  testimony 
or  evidence  which  the  said  commission  or  other 
body  shall  cause  to  come  before  it ;  and  shall  ren- 
der judgment  in  said  cause,  w^hich  shall  be  kept 
in  the  minutes  of  the  proceedings  of  such  com- 
mission. Whenever  it  shall  come  to  the  knowl- 
edge of  such  commission  that  any  fireman  or  po- 
liceman whom  they  had  adjudged  to  be  perma- 
nently disabled,  has  recovered  from  such  disa- 
bility so  as  to  enable  him  to  earn  a  livelihood, 
then  the  commission  may  reconsider  its  former 
action  and  withdraw  from  such  fireman  or  police- 
man for  the  future  the  aforesaid  half  pay.  Pro- 
vided further  that  the  monthly  payment  to  any 
fireman  or  policeman  on  account  of  permanent 
disability,  as  provided  in  this  section  shall  not 
exceed  as  to  any  one  such  fireman  or  policeman 
the  sum  of  forty  dollars  per  month.  The  board 
of  commissioners  is  authorized  to  make  all  neces- 
sary or  proper  rules  and  regulations  effectuating 
the  intention  of  this  section.  Any  officer  or  po- 
liceman who  shall  avail  himself  of  the  provisions  ^®^®^^®- 
of  this  section  shall  nevertheless  remain  mem- 
bers of  said  police  department  and  while  relieved 
of  regular  duty  shall  constitute  a  reserve  of 
said  police  department,  and  be  at  all  times  sub- 
ject to  the  performance  of  any  duty  that  may  be 
required  by  the  governing  body  of  said  city;  pro- 
vided that  no  such  fireman  or  policeman  who  po- 
sesses  independent  means  of  livelihood  shall  come 
within  the  provisions  of  this  section. 

Sec.  19.     The   commission   shall   each   month 
print  in  pamphlet  form  a  detailed  statement  of  Monthly  state- 
all  receipts  and  expenses  of  the  city  and  a  sum-  ments  of  re- 
mary   of   its   proceedings  during  the  preceding  peJfg|g/° 
month,  and  furnish  printed  copies  thereof  to  the 
daily  newspaper  of  tfie  city,  and  to  persons  who  publication  of 
apply  therefor.    At  the  end  of  each  year  the  com- 
mission shall  cause  a  full  and  complete  examina- 


26 


GENERAL  LAWS  OF  ALABAMA,  1911. 


Bribery  at 
elections. 


Penalty. 


Influencing 
voters. 


Penalty. 


tion  of  all  the  books  and  accounts  of  the  city  to 
be  made  by  competent  accountants  and  shall  pub- 
lish the  result  of  such  examination  in  the  manner 
above  provided  for  publication  of  statements  of 
monthly  expenditures.  And  the  governor  is  au- 
thorized at  any  time  to  have  all  the  books  and 
accounts  of  such  city  examined  by  a  State  exam- 
iner of  public  accounts,  the  cost  of  such  exam- 
ination to  be  paid  by  such  city  upon  the  presen- 
tation to  the  president  of  the  board  of  commis- 
sioners of  such  city  of  a  duly  verified  statement 
of  such  expenses  made  by  such  examiner  of  pub- 
lic accounts,  approved  by  the  governor. 

Sec.  20.  Any  person  offering  to  give  a  bribe, 
either  in  money  or  other  consideration,  to  any 
voter  for  the  purpose  of  influencing  his  vote  at 
any  election  provided  for  in  this  act,  or  any  voter 
entitled  to  vote  at  such  election,  receiving  and 
accepting  such  bribe  or  other  consideration,  any 
person  making  false  answer  to  any  of  the  pro- 
visions of  this  act  relative  to  his  qualifications  to 
vote  at  said  election,  (any  election),  any  person 
willfully  voting  or  offering  to  vote  at  such  elec- 
tion w^ho  has  not  been  a  resident  of  this  State  for 
two  years  next  preceding  such  election,  or  w^ho 
is  not  twenty-one  years  of  age,  or  not  a  citizen  of 
the  United  States,  or  knowing  himself  not  to  be 
a  qualified  voter  of  such  precinct,  where  he  offers 
to  vote,  any  person  knowingly  procuring,  aiding 
or  abetting,  any  violations  thereof  shall  be  deem- 
ed guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  a  sum  of  not  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars,  and 
may  be  imprisoned  in  the  county  jail  for  not  less 
than  ten  nor  more  than  ninety  days. 

Sec.  21.  Any  employee  of  any  such  city  who 
solicits  support  from  any  candidate  for  commis- 
sioner or  any  such  employee  who  shall  endeavor 
to  influence  any  voter  to  vote  for  or  against  any 
candidate  for  commissioner,  shall  be  deemed 
guilty  of  a  misdemeanor  arfld  on  conviction  shall 
be  fined  not  less  than  ten  nor  more  than  fifty 
dollars  and  may  also  be  imprisoned  in  the  county 


GENERAL   LAWS   OF   ALABAMA,    ]911.  27 

jail  for  not  more  than  ten  days.  Justices  of  the 
peace  and  judges  of  the  inferior  courts,  shall, 
within  their  respective  territories  have  jurisdic- 
tion of  this  ojffense. 

Sec.  22.    All  general  laws  of  this  State  regulat-  state  laws  ap- 
ing  and   prescribing   the   conduct  of  municipal  Pjy  to  mu- 
elections  and  the  qualifications  and  registration  ^o^g^^  ^^^^' 
of  voters  thereat  shall  apply  to  elections  herein- 
under  except  so  far  as  expressly  modified  herein. 

Sec.  23.     The  judge  of  probate  of  the  county 
in  Avhich  are  located  the  cities  covered  by  thisPi'obate  judge 
act  shall  record  in  a  well  bound  book  kept  for  o^ds^^^  ^^^ 
that  purpose  all  papers  required  to  be  filed  with 
him  under  the  terms  of  this  act,  and  shall  re- 
ceive therefor  the  compensation  allowed  by  law  Jj^^^^^^^" 
for  recording  deeds. 

Sec.  24.     It  shall  be  unlawful  for  any  candi-       . 
date  for  commissioner  or  for  president     of  the  to^  s  "ifcit  ^^^^'^^ 
board  or  for  any  other  person  in  his  behalf  to  votes, 
hire,  or  pay,  or  agree  to  pay,  any  person  to  solicit 
votes  at  the  polls  on  election,  and  unlawful  for 
any  person  to  accept  such  hire,  or  make  such 
contract  for  pay  to  solicit  votes  for  the  president 
of  the  board  or  other  commissioner;  and  any  per- 
son violating  this  section  shall  be  guilty  of  a  mis- 
demeanor and  may  be  punished  by  a  fine  not  to  Penalty. . 
exceed  five  hundred  dollars  for  each  offense,  and 
the  candidate  violating  this  section  shall  thereby 
be  disqualified  for  and  rendered  ineligible  to  the 
office  sought. 

Sec.  25.     No  candidate  for  the  office  of  presi-  candidates, 
dent  of  the  board  or  other  commissionership  can  election  ex- 
lawfully  expend  more  than  one  thousand  dollars  penaUy.^'"''^^'^* 
of  his  own  funds  and  of  funds  contributed  by 
others  in  aiding  his  candidacy  in  any  one  elec- 
tion.   Any  person  violating  the  provisions  of  this 
section  shall  thereby  be  disqualified  from  holding 
said  office,   if  successful  and  his  election  may 
be  contested  on  that  ground.     No  person  but  ap  ..,. 
qualified  voter  shall  sign  any  petition  authorized  may  sign, 
by  this  act.    All  petitions  must  contain  the  cer- 
tificate of  the  probate  judge  as  to  the  requisite  (.^,.^12^^^^^  ^^ 
number  of  voters  required  and  it  shall  be  the  probate  judge. 


28 


GENERAL   LAWS   OF   ALABAMA,    1911. 


Compensation 
of  probate 
judge. 


Petitions. 
Restric- 
tions and 
requirements 
as  to  signa- 
tures. 


Penalty. 


Abandonment 
of   commission 
form  of  gov- 
ernment. 


How  secured. 


duty  of  the  probate  judge  of  the  county  to  ascer- 
tain that  such  petition  does  contain  the  requi- 
site number  of  voters  and  attach  his  certificate  to 
such  petition.  The  probate  judge  shall  receive 
as  compensation  for  such  service  ten  cents  for 
each  name  up  to  ,and  including  one  hundred 
(100)  and  five  cents  for  each  name  over  that 
number  which  said  petition  may  contain.  Secu- 
rity for  the  payment  of  such  cost  to  be  approved 
by  the  probate  judge  must  be  given  at  the  time  of 
the  presentation  of  the  petition  by  the  person  or 
persons  filing  the  same. 

Sec.  26.  The  petitions  provided  by  this  act 
may  be  by  a  number  of  separate  instruments  as 
well  as  by  one  instument.  No  person  but  a  qual- 
ified voter  shall  sign  any  petition  provided  by 
this  act.  And  no  person  shall  sign  the  name  of 
another  to  any  such  petition  whether  with  or 
without  authority ;  and  no  person  shall  sign  more 
than  one  separate  instrument  as  a  petition  for 
any  single  purpose  herein  provided.  Any  viola- 
tion of  the  foregoing  provisions  of  this  section 
shall  constitute  a  misdemeanor  punishable  by 
fines  not  to  exceed  three  hundred  dollars.  No 
qualified  voter  who  has  signed  any  petition  pro- 
vided for  herein  can  withdraw  his  signature. 

Sec.  271/2-  Any  city  which  shall  have  operated 
for  more  than  four  years  under  the  provisions  of 
this  act  may  abandon  such  organization  hereun- 
der, and  accept  the  provisions  of  the  general  law 
of  the  State  then  applicable  to  cities  of  its  popu- 
lation, by  proceeding  as  follows :  Upon  the  pe- 
tition of  not  less  than  one  thousand  electors  of 
such  city  a  special  election  shall  be  called,  at 
which  the  following  proposition   only  shall  be 

submitted:     "Shall  the  city  of abandon 

its  present  organization  and  become  a  city  under 
the  general  laws  governing  cities  of  like  popula- 
tion?" If  a  majority  of  the  votes  cast  at  such 
special  election  shall  be  in  favor  of  such  propo- 
sition, the  officers  elected  at  the  next  succeeding 
biennial  election  shall  be  those  then  prescribed 
by  the  general  law  of  the  State  for  cities  of  like 


GENERAL  LAWS  OF  ALABAMA,  1911.  29 

population  and  upon  the  qualification  of  such  of- 
ficers such  city  shall  become  a  city  under  such 
general  law  of  the  State,  and  the  terms  of  office 
of  the  city  under  the  commission  shall  expire. 
The  sufficiency  of  such  peition  shall  be  determin- 
ed, the  election  ordered,  and  conducted,  and  the 
results  declared  as  provided  in  this  act  for  other 
special  elections,  in  so  far  as  the  provisions  there- 
of are  applicable.  If  any  section  or  provision  of 
this  act  shall  be  held  to  be  void  or  unconstitu- 
tional it  shall  not  affect  nor  destroy  the  validity 
or  constitutionality  of  any  other  section  or  pro- 
vision of  such  act  which  is  not  of  itself  void  or 
unconstitutional. 

Sec.  28.     All  laws  and  parts  of  laws  both  local 
and  general,  in  conflict  with  the  provisions  of  Repeal, 
this  act,  are  expressly  repealed.    This  act  shall 
take  effect  immediately  upon  its  approval. 

Approved  April  6,  1911. 


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